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Friday, July 3, 2015

Former State Representative and current Texas Democratic Party County Affairs Director Glen Maxey, Texas’ first openly gay legislator, filed a complaint against Republican Texas Attorney General Ken Paxton with the State Bar Association.

The complaint comes after Attorney General Paxton issued an opinion in a letter on June 28th -- requested by Lt. Governor Dan Patrick -- advising Lt. Gov. Patrick that Texas County Clerks may — on religious grounds — ignore the U.S. Supreme Court's order that they must issue same-sex marriage licenses.

"In a nonbinding legal opinion, Paxton said religious freedoms guaranteed by the First Amendment 'may allow accommodation of their religious objections to issuing same-sex marriage licenses.'

Paxton’s opinion also said justices of the peace and judges similarly may rebuff requests that they officiate at same-sex weddings, especially if their colleagues in their areas are receptive to doing so. Judges and justices of the peace, Paxton wrote, “may claim that the government cannot force them to conduct same-sex wedding ceremonies over their religious objections, when other authorized individuals have no objection, because it is not the least restrictive means of the government ensuring the ceremonies occur.” Paxton wrote in response to a request for an attorney general’s opinion from Lt. Gov. Dan Patrick.

Roughly 150 Texas attorneys have signed on to a letter threatening to file a complaint with the State Bar of Texas against Attorney General Paxton for his response to the U.S. Supreme Court’s ruling on same-sex marriage.

"It seems to us that your edict to encourage Texas clerks to violate a direct ruling of the United States Supreme Court violates" the State Bar's rules requiring attorneys to uphold the U.S. Constitution, the letter states.

Press release on Glen Maxey's complaint against AG Paxton:

AUSTIN, TX -- Former State Representative and Texas Democratic Party County Affairs Director Glen Maxey, Texas’ first openly gay legislator, has filed a complaint against Republican Attorney General Ken Paxton with the State Bar Association. The complaint comes after Paxton issued an opinion on June 28th -- requested by Lt. Governor Dan Patrick -- making the case that Texas county clerks may ignore the constitution and refuse to issue same-sex marriage licenses.

Maxey’s complaint alleges that Paxton's nonbinding legal opinion is a blatant violation of the ethical duties of an attorney under the Texas Disciplinary Rules of Professional Conduct.

This is not the first time a group has filed a complaint against Texas’ top law enforcement agent. Earlier this year, Texans for Public Justice filed a complaint against Attorney General Ken Paxton regarding his admitted violations of state securities laws.

Former State Representative and Texas Democratic Party County Affairs Director Glen Maxey -- Texas’ first openly gay legislator -- issued the following statement:

“It’s irresponsible for an elected official -- and a lawyer -- to tell other elected officials to break the law. He’s misleading county and state officials based on a false premise that they can discriminate against same-sex couples.

“This past Friday, the Supreme Court was clear with their decision to let same-sex couple marry. Paxton took an oath to defend and protect the constitution, he must comply with the court’s decision.

“Paxton is no stranger to shady business. This just gives us another reason to question his legitimacy as a Texas Attorney General, lawyer, and trustworthy individual.”

Glen Maxey's Complaint:

Ken Paxton, who currently occupies the office of Texas Attorney General, has issued an opinion that advises state and county officials to violate the United States Constitution.

On June 26, 2015, the United States Supreme Court held in Obergefe/ 1 v. Hodges that a constitutional right exists for same-sex couples to marry. Additionally, the Western District of Texas has now enjoined the State of Texas (including Paxton) from enforcing Texas laws that define marriage as exclusively a union between one man and one woman. Despite those binding rulings, and in flagrant violation of those rulings and the United States Constitution, Paxton has advised state government officials and employees, including county clerks, judges, and justices of the peace, that they may refuse to issue same-sex marriage licenses or conduct same-sex marriage ceremonies if doing so would "violate their sincerely held religious beliefs." The opinion is patently false, dishonest, and knowingly and intentionally erroneous--and in violation of the United States Constitution as declared by the United States Supreme Court. For a Texas lawyer to engage in such conduct is a blatant violation of ethical duties under the Texas Disciplinary Rules of Professional Conduct.

Therefore, Paxton has violated the following Texas Disciplinary Rules of Professional Conduct. The violations are as follows:

*R 1.06(b)(2): Paxton has a conflict of interest because his representation of his client (the State) is conflicted with his own self-interest in demagogic self-promotion to pander to his right-wing Tea Party supporters, even at the sacrifice of the rights of Texans under the United States Constitution.

*Rule 4.01(a): in representing his client (the State), Paxton has clearly made "false statement of law" to the public, in derogation of the fundamental Law of the Land, the United States Constitution.

*Rule 8.04(a)(1): in assisting and inducing Assistant Attorneys General to make knowingly false statements of fact and law in patently erroneous legal opinions that are flatly inconsistent with the United States Constitution, as declared by the United States Supreme Court.

*Rule 8.04(a)(3): in engaging in conduct involving deceit, dishonesty, and misrepresentation, in issuing the false and misleading opinion.

*Rule 8.04(a)(12): Mr. Paxton has violated the statutes setting out his official duties, including Government Code sections 402.041-402.042, by failing to issue an opinion setting out truthfully "the legal reasons and principles on which it is based."

*Rules 8.04(a)(3), 8.04(a)(12): Finally, and most egregiously, Paxton violated his sworn oaths of office. Specifically, he violated the statutory oath that he took to become licensed to practice law in Texas. Section 82.037 of the Texas Government Code required Paxton to swear that he would "support the constitutions of the United States and this state." He has violated both that oath and the United States Constitution.

Additionally, Mr. Paxton violated his State Oath of Office, required under Article 16,
Section 1, of the Texas Constitution, in which he stated that he "will faithfully execute the duties of the office of Attorney General the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God."

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